Kennedy v Sutherland Shire Council [2020] NSWLEC 1564

Land and Environment Court New South Wales

Medium Neutral Citation: Kennedy v Sutherland Shire Council [2020] NSWLEC 1564 Hearing dates: Conciliation conference on 9 November 2020 Date of orders: 17 November 2020 Decision date: 17 November 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended architectural plans and landscape plans set out in Condition 1 of Annexure A. (2) The Applicant's written request under clause 4.6 of the Sutherland Shire Local Environmental Plan 2015 dated 9 November 2020, regarding the height of buildings development standard under clause 4.3 of the Sutherland Shire Local Environmental Plan 2015, is upheld. (3) The Appeal is upheld. (4) Development consent is granted to development application No DA19/1003 for the construction of a new dwelling house and a swimming pool on Lot 46 in Deposited Plan 17074, known as 1 Willaburra Road, Burraneer, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – construction of dwelling house – conciliation conference – agreement reached – negligible breach of the height development standard – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Shannon Kennedy (First Applicant) Cherie Kennedy (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicants) J Amy (Solicitor) (Respondent)